42 U.S.C. § 7270b — Trespass on Strategic Petroleum Reserve

Page 7098 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7269c with funds in the applicable established ac- counts and thereafter may be accounted for as one fund for the same time period as originally enacted. (Pub. L. 102–377, title III, § 303, Oct. 2, 1992, 106 Stat. 1339.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title III of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1332. For complete classi- fication of title III to the Code, see Tables. CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1993, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7269c. Funding for Department of Energy ac- tivities not included in Fossil Energy ac- count In this Act and future Acts, up to 4 percent of program direction funds available to the Na- tional Energy Technology Laboratory may be used to support Department of Energy activities not included in this Fossil Energy account: Pro- vided further, That in this Act and future Acts, the salaries for Federal employees performing research and development activities at the Na- tional Energy Technology Laboratory can con- tinue to be funded from any appropriate DOE program accounts. (Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121 Stat. 1958.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is div. C of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1937, known as the En- ergy and Water Development and Related Agencies Ap- propriations Act, 2008. For complete classification of this Act to the Code, see Tables. CODIFICATION Section appears under the headings ‘‘Department of Energy’’, ‘‘Energy Programs’’, and ‘‘Fossil Energy Re- search and Development’’ in title III of div. C of Pub. L. 110–161. It was enacted as part of the Energy and Water Development and Related Agencies Appropria- tions Act, 2008, and also as part of the Consolidated Ap- propriations Act, 2008, and not as part of the Depart- ment of Energy Organization Act which comprises this chapter. § 7270. Authorization of appropriations Appropriations to carry out the provisions of this chapter shall be subject to annual author- ization. (Pub. L. 95–91, title VI, § 660, Aug. 4, 1977, 91 Stat. 604.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7270a. Guards for Strategic Petroleum Reserve facilities Under guidelines prescribed by the Secretary and concurred with by the Attorney General, employees of the Department of Energy and em- ployees of contractors and subcontractors (at any tier) of the Department of Energy, while discharging their official duties of protecting the Strategic Petroleum Reserve (established under part B of title I of the Energy Policy and Conservation Act [42 U.S.C. 6231 et seq.]) or its storage or related facilities or of protecting per- sons upon the Strategic Petroleum Reserve or its storage or related facilities, may— (1) carry firearms, if designated by the Sec- retary and qualified for the use of firearms under the guidelines; and (2) arrest without warrant any person for an offense against the United States— (A) in the case of a felony, if the employee has reasonable grounds to believe that the person— (i) has committed or is committing a fel- ony; and (ii) is in or is fleeing from the immediate area of the felony; and (B) in the case of a felony or misdemeanor, if the violation is committed in the presence of the employee. (Pub. L. 95–91, title VI, § 661, as added Pub. L. 100–531, § 1(a), Oct. 25, 1988, 102 Stat. 2652.) Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in text, is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part B of title I of the Act is classified generally to part B (§ 6231 et seq.) of subchapter I of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. § 7270b. Trespass on Strategic Petroleum Reserve facilities (a) The Secretary may issue regulations relat- ing to the entry upon or carrying, transporting, or otherwise introducing or causing to be intro- duced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property into or onto the Strategic Petro- leum Reserve, its storage or related facilities, or real property subject to the jurisdiction, admin- istration, or in the custody of the Secretary under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231–6247). The Sec- retary shall post conspicuously, on the property subject to the regulations, notification that the property is subject to the regulations. (b) Whoever willfully violates a regulation of the Secretary issued under subsection (a) shall be guilty of a misdemeanor and punished upon conviction by a fine of not more than $5,000, im- prisonment for not more than one year, or both. (Pub. L. 95–91, title VI, § 662, as added Pub. L. 100–531, § 1(a), Oct. 25, 1988, 102 Stat. 2652.) Page 7099 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7273b Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part B of title I of the Act is classified generally to part B (§ 6231 et seq.) of subchapter I of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. § 7270c. Annual assessment and report on vulner- ability of facilities to terrorist attack (a) The Secretary shall, on an annual basis, conduct a comprehensive assessment of the vul- nerability of Department facilities to terrorist attack. (b) Not later than January 31 each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. Each report shall in- clude the results of the assessment covered by such report, together with such findings and rec- ommendations as the Secretary considers appro- priate. (Pub. L. 95–91, title VI, § 663, as added Pub. L. 107–107, div. C, title XXXI, § 3154(a), Dec. 28, 2001, 115 Stat. 1377.) § 7271. Transferred Editorial Notes CODIFICATION Section, Pub. L. 95–509, title II, § 208, Oct. 24, 1978, 92 Stat. 1779, which related to single annual requests by the Secretary for authorizations of appropriations for programs involving the common defense and security of the United States, was renumbered section 4731 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, and was classified to section 2771 of Title 50, War and National Defense, prior to repeal by Pub. L. 112–239, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184. § 7271a. Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(h), Nov. 18, 1997, 111 Stat. 2042 Section, Pub. L. 101–189, div. C, title XXXI, § 3143, Nov. 29, 1989, 103 Stat. 1681, related to major Depart- ment of Energy national security programs. § 7271b. Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(f), Oct. 5, 1999, 113 Stat. 970 Section, Pub. L. 104–201, div. C, title XXXI, § 3155, Sept. 23, 1996, 110 Stat. 2841, related to requirement for annual five-year budget for national security programs of Department of Energy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under sec- tion 2401 of Title 50, War and National Defense. § 7271c. Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(b), Nov. 18, 1997, 111 Stat. 2042 Section, Pub. L. 104–201, div. C, title XXXI, § 3156, Sept. 23, 1996, 110 Stat. 2841, related to requirements for Department of Energy weapons activities budgets for fiscal years after fiscal year 1997. §§ 7271d to 7273a. Transferred Editorial Notes CODIFICATION Section 7271d, Pub. L. 107–314, div. C, title XXXI, § 3143, Dec. 2, 2002, 116 Stat. 2733, which related to re- quirements for specific funding requests for new or modified nuclear weapons, was renumbered section 4209 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(10), Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2529 of Title 50, War and National Defense. Section 7272, Pub. L. 96–540, title II, § 210, Dec. 17, 1980, 94 Stat. 3202, which prohibited the use of funds for pur- poses related to the licensing of defense activities or fa- cilities of the Department of Energy by the Nuclear Regulatory Commission, was renumbered section 4103 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(d)(4)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1757, and is classified to section 2513 of Title 50, War and National Defense. Section 7273, Pub. L. 96–540, title II, § 211, Dec. 17, 1980, 94 Stat. 3203, which related to restrictions on the use of funds to pay penalties under the Clean Air Act, was re- numbered section 4722 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(5)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1781, 1782, and is classified to section 2762 of Title 50, War and Na- tional Defense. Section 7273a, Pub. L. 99–661, div. C, title I, § 3132, Nov. 14, 1986, 100 Stat. 4063, which related to restric- tions on the use of funds to pay penalties under envi- ronmental laws, was renumbered section 4721 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and is classified to section 2761 of Title 50, War and Na- tional Defense. § 7273b. Security investigations (1) No funds appropriated to the Department of Energy may be obligated or expended for the conduct of an investigation by the Department of Energy or any other Federal department or agency for purposes of determining whether to grant a security clearance to an individual or a facility unless the Secretary of Energy deter- mines both of the following: (A) That a current, complete investigation file is not available from any other depart- ment or agency of the Federal government with respect to that individual or facility. (B) That no other department or agency of the Federal government is conducting an in- vestigation with respect to that individual or facility that could be used as the basis for de- termining whether to grant the security clear- ance. (2) For purposes of paragraph (1)(A), a current investigation file is a file on an investigation that has been conducted within the past five years. (Pub. L. 101–510, div. C, title XXXI, § 3104(d), Nov. 5, 1990, 104 Stat. 1828.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1991, and not as part